Rolul jurisprudenţei în aplicarea unitară a legii
Role of jurisprudence in the unitary application of the law

Summary/Abstract: The role of the legal courts should not be limited to a schematic implementation of the legal texts to the cases they are supposed to solve, but it is also extended to identifying subtle ways of implementing the laws, including the circumstances created by the social environment. At the same time, the judges’ freedom to interpret the laws should not be unlimited and possible at any time, as this would undermine the authority of the law while its implementation would be unsure. According to the judicial organization rules in effect in Romania, a judge is not bound by a court’s decision in a similar case pronounced by another judge or by himself, since jurisprudence is not a source of law. Nevertheless, the jurisprudence of the Romanian courts, particularly the jurisprudence of the High Court of Cassation and Justice, is most important for a unitary application of the law in consonance with the constitutional provisions while it is a catalyzing agent of the legislative process.

• Details
• Contents